Terms of service

General Terms and Conditions (GTC) of FOREVER ROCK Ralf Schnoor

§ 1 Scope

(1) The contractual partner is FOREVER ROCK Ralf Schnoor, Neubergerweg 18a, 22419 Hamburg, Germany (hereinafter: seller). These terms and conditions apply to all contracts, deliveries and other services provided by the seller to his customers upon conclusion of the contract (hereinafter: customer or buyer). Deviating customer regulations do not apply unless the seller has expressly confirmed this in writing.

(2) The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be attributed predominantly to his commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, is exercising a commercial or self-employed professional activity.

§ 2 Ordering process and conclusion of contract

(1) The customer can select products from our range without obligation and collect them in a so-called shopping cart using the "Add to shopping cart" button. The buyer can then use the "Check out" button in the shopping cart to complete the ordering process. There the buyer receives an overview of the items in the shopping cart and enters his billing and delivery address as well as the desired shipping and payment method. The buyer can click on the “Review order” button to go to the order overview.

(2) By clicking the "Complete order" button, the buyer submits a binding request to purchase the goods in the shopping cart. Before sending the order, the buyer can change and view the data at any time. Required information is marked with an asterisk (*).

(3) We will then send the buyer an automatic acknowledgment of receipt by e-mail, in which the order is listed again and which the buyer can print out using the "Print" function (order confirmation). The automatic acknowledgment of receipt only documents that we have received the order and does not constitute acceptance of the application. The purchase contract is only concluded when we send the buyer an order confirmation or invoice or send the ordered goods to the buyer within seven days.

§ 3 Prices and Payment

(1) All prices do not include shipping and packaging costs, which the customer will be informed of before the order is placed. All prices include VAT.

(2) The delivery of the customer by the seller takes place only against prepayment (bank transfer or payment via PayPal). The goods will be shipped after receipt of payment. The seller issues an invoice to the customer, which is handed to him upon delivery of the goods or otherwise in text form.

(3) We expressly reserve the right to change prices, technical changes, errors, misprints or prior sale.

§ 4 Delivery

(1) Unless otherwise contractually agreed, the ordered goods will be delivered to the address specified by the customer. Delivery will be made from the Seller's warehouse.

(2) The seller reserves the right to make a partial delivery if this appears advantageous for speedy processing and the partial delivery is not exceptionally unreasonable for the customer. Additional costs arising from partial deliveries will not be charged to the customer.

§ 5 WITHDRAWAL BY THE CONSUMER, EXCLUSION OF WITHDRAWAL

(1) As a consumer, the customer has a right of withdrawal. The requirements and legal consequences of the right of withdrawal result from the following cancellation policy.

(2) Cancellation policy

Right of withdrawal:

As a consumer, you have the right to withdraw from this contract within fourteen days without giving a reason.

The cancellation period is 14 days from the day on which you or a third party named by you who is not the carrier took possession of the last goods.

In order to exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the model cancellation form for this, but it is not mandatory.

You can find the form here:

https://cdn.shopify.com/s/files/1/0756/1497/8388/files/FR-Muster-Widerrufsformular.pdf

If you make use of this option, we will immediately (e.g. by e-mail) send you confirmation of receipt of such a revocation.

Consequences of revocation:

If you revoke this contract, we have to reimburse you for all payments that we have received from you, including delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we received notification of your revocation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.

We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us, FOREVER ROCK Ralf Schnoor, Neubergerweg 18a, 22419 Hamburg, Germany, immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract.

The deadline is met if you send back the goods before the period of fourteen days has expired.

You bear the direct costs of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

(3) There is no right of withdrawal for distance contracts

- for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;

- for the delivery of goods that can spoil quickly or whose use-by date would soon be exceeded

- for the delivery of audio or video recordings or computer software in a sealed package if the seals have been removed after delivery

- for the delivery of newspapers, periodicals and magazines with the exception of subscription contracts

- for the delivery of tickets for concerts and similar events, if the relevant contract for the provision of services provides for a specific date or period.

End of revocation

§ 6 Retention of title, offsetting

(1) The delivered goods remain the property of the seller until all claims from the contract have been fulfilled. Up to this point in time, the product may not be resold, pledged, assigned as security or encumbered with other rights.

(2) The customer only has the right to offset if his counterclaims have been recognized by the seller or have been legally established. The customer is only authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.

§ 7 Warranty for Defects and Liability

(1) Changes and errors are reserved. We are liable for defects in accordance with the statutory provisions, insofar as liability is not excluded or limited in accordance with these General Terms and Conditions. An assignment of corresponding claims is excluded.

(2) Re. The following limitation of liability applies to any textile products:

Any slight deviations in color between the illustrations and the delivered product are due to technical reasons and do not constitute a defect. In the case of textile products, no liability is accepted for defects that can be attributed to a violation of the care instructions. Any operating or care instructions for the products must be observed.

(3) Claims for damages are excluded. Excluded from this are claims for damages resulting from injury to life, limb, health or from the breach of essential contractual obligations, as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by us. Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract. In the event of a breach of essential contractual obligations, we are only liable for the contractually typical, foreseeable damage if this was caused simply by negligence, unless it is a matter of claims for damages resulting from injury to life, limb or health. The above restrictions also apply to our legal representatives and vicarious agents, insofar as claims are asserted directly against them.

(4) You are obliged to allow us to inspect the defective product.

As a consumer, you have the choice of asserting the warranty through supplementary performance (repair or replacement), withdrawal from the contract or reduction of the purchase price. If you choose one of these warranty rights, you must first set us a reasonable grace period, unless this is dispensable for legal reasons. However, we are entitled to refuse the type of supplementary performance you have chosen if this is only possible with disproportionate costs or if subsequent delivery is impossible for us.

(5) Unless otherwise agreed, the statutory warranty period of 24 months from delivery applies to defects.

(6) There is no warranty obligation for damage caused by normal wear and tear, improper handling and incorrect care. We bear the risk and costs of returning products that have justifiably been the subject of a complaint. The redelivery of the products is also at our expense.

§ 8 Packaging

We have licensed all packaging that occurs as part of the business relationship with the customer as the end consumer in accordance with the Packaging Ordinance.

§ 9 Entrepreneurs

(1) If you are an entrepreneur according to Section 1.2, the following conditions apply in deviation from the liability limitation of Sections 7 - 7.5.

(2) You are only entitled to any warranty rights if you have previously properly fulfilled all inspection and notification obligations owed under § 377 HGB. The warranty period is 12 months from delivery of the ordered product. When asserting warranty rights, you are entitled, within the scope of the statutory provisions, to demand supplementary performance in the form of rectification of the defect or delivery of a product free of defects. We are entitled to choose the type of supplementary performance. You are only entitled to reduce the purchase price or to withdraw from the contract after the subsequent performance has failed.

(3) As an entrepreneur, there is no right of withdrawal with regard to the conclusion of the contract in accordance with Section 5.

§ 10 Applicable Law, Place of Jurisdiction

(1) The business relationships between the parties are subject to the law of the Federal Republic of Germany to the exclusion of the UN Sales Convention.

(2) The place of jurisdiction is Hamburg if the customer is a merchant. The provider is entitled to sue the customer at a different location.

§ 11 Data protection

The customer expressly agrees to the collection, processing and use of personal data. The data required for business transactions are stored and, if necessary, passed on to affiliated companies as part of order processing. All personal data is treated confidentially. For the purpose of the credit check, the seller reserves the right to exchange data with other group companies and, if necessary, with credit agencies.

You can download our detailed privacy policy here:

https://www.forever-rock.de/de/policies/privacy-policy